| Matter of 60 E. 12th St. Tenants' Assn. v New York State Div. of Hous. & Community Renewal |
| 2016 NY Slip Op 06011 [28 NY3d 962] |
| September 15, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, October 26, 2016 |
| In the Matter of The 60 East 12th Street Tenants' Association et al., Appellants, v New York State Division of Housing and Community Renewal et al., Respondents. (And Another Proceeding.) |
Decided September 15, 2016
Collins, Dobkin & Miller LLP, New York City (Seth A. Miller of counsel), for appellants.
New York State Division of Housing and Community Renewal, New York City (Jack Kuttner and Mark F. Palomino of counsel), for New York State Division of Housing and Community Renewal, respondent.
Rosenberg & Estis, P.C., New York City (Jeffrey Turkel of counsel), for 12 Broadway Realty LLC, respondent.
The Urban Justice Center, New York City (Garrett Wright of counsel), for The Urban Justice Center, amicus curiae.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not err in permitting respondent New York State Division of Housing and Community Renewal to address on remand the application of respondent 12 Broadway Realty LLC for a claimed major capital improvement rent increase based on resurfacing work consistent with the Appellate Division decision.
Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.